Janet Lim Napoles filed an appeal to dismiss the plunder case against her over the alleged misuse of P172 million in Priority Development Assistance Funds (PDAF) of former senator and now chief presidential legal counsel Juan Ponce Enrile.
Reports said Napoles, on Nov. 3, filed a 158-page demurrer to evidence–which is essentially a motion to dismiss due to insufficiency of prosecution evidence— before the Sandiganbayan Third Division, citing a defective criminal charge and the lack of evidence.
The anti-graft court, in its minutes of the proceedings dated Nov. 6, noted Napoles’ filing of a demurrer “without leave of court,” which the court said it will resolve “simultaneously or jointly with the main decision after the presentation of evidence for accused Jessica Lucila
Reyes.”
Napoles, Reyes, and Enrile are accused of conspiring to amass P172.83 million worth of kickbacks between 2004 and 2010 from Enrile’s PDAF funneled through ghost NGOs created by Napoles.
While Enrile was allowed to move to dismiss the plunder charge through a demurrer to evidence, his former chief of staff Reyes was not, reports said.
Earlier reports said in two separate rulings, cases against Napoles, known as the “pork barrel queen,” related to the misuse of PDAF in agricultural projects in the Caraga region have been dismissed.
The Sandiganbayan Fourth Division on Wednesday granted Napoles’ motion to dismiss graft and malversation charges against her and six other accused due to the violation of their right to a speedy disposition of cases.
The charges were related to alleged irregularities in the procurement of fertilizers for a project in Del Carmen, Surigao del Norte.
The anti-graft court cited a significant delay in filing the charges, which they deemed unjustified, vexatious, and oppressive. As a result, the complaint was abated and dismissed, and hold departure orders against Napoles and other accused were lifted.
Meanwhile, the Office of the Ombudsman dismissed multiple criminal charges against Napoles and 13 other respondents, including former Agusan del Sur congressman Rodolfo Plaza, in connection with the release of PDAF funds from various government agencies.
The Ombudsman found insufficient evidence to indict the accused for graft, bribery, and corruption of public officials. They also absolved government officials responsible for accrediting and transferring funds to non-governmental organizations (NGOs) despite claims of non-existent projects.
The Ombudsman cited a lack of evidence to establish overpricing and wrongdoing by Napoles, who was acquitted of graft charges.
The malversation of public funds complaint was dismissed, as there was no evidence of criminal misappropriation, and other charges were dropped due to insufficient evidence, it added.
These rulings represent the latest in a series of legal outcomes involving Napoles, who was previously convicted of multiple counts of graft and malversation in connection with PDAF funds.
